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MOORE v. SUBURBAN MOBILE, INC.

30 Wis.2d 527 (1966)

MOORE and Wife, Plaintiffs and Respondents, v. SUBURBAN MOBILE, INC., and others, Defendants and Respondents: FOREMOST INSURANCE COMPANY, Impleaded Defendant and Appellant.

Supreme Court of Wisconsin.

April 12, 1966.

Attorney(s) appearing for the Case

For the impleaded defendant-appellant there was a brief by Chambers, Nash, Pierce & Podvin of Wisconsin Rapids, and oral argument by Dudley W. Pierce.

For the plaintiffs-respondents there was a brief by James Buchbinder, attorney, and Edward D. Schneiderman of counsel, both of Milwaukee, and oral argument by Mr. Schneiderman.

For the defendants-respondents there was a brief by Brazeau, Brazeau, Potter & Cole of Wisconsin Rapids, and oral argument by John M. Potter.

FAIRCHILD, J.

The circuit court found that a contract with Foremost was created by the dealings between Moore and Crotteau. Foremost takes no issue with the proposition that Crotteau, acting for Schmidt, had the authority to bind Foremost by an oral contract of insurance. Foremost asserts that, under the evidence, a contract could not have been formed because (1) Crotteau and Moore did not agree on the identity of the insurer, and (2) they did not agree on the risk...

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